Who Pays For Your Divorce If Your Spouse Cheated On You?

Do You Have to Pay for Your Divorce if Your Spouse Cheated on You?In a contentious divorce, allegations of adultery can lead to increased legal fees and protracted litigation. In Florida, the court may order one spouse to pay the other spouse’s attorney’s fees if the adultery played a role in the breakdown of the marriage. However, this is not always the case. In fact, under several circumstances, you may have to pay for the divorce even if your spouse cheated on you.

Grounds for Divorce in Florida

Florida is a no-fault divorce state, which means that either spouse may file for divorce without providing what might be considered a solid reason. To obtain a divorce in Florida, one spouse must file a petition for dissolution of marriage with the circuit court in the county where either spouse resides. The petition must be served on the other spouse, who then has an opportunity to respond.

The grounds that have to be mentioned on the petition, however, must include one of the following:

  • The marriage being irretrievably broken: This means that the couple has been unable to fix the problems in their relationship and continue to live together. Issues like adultery, bigamy, abandonment, imprisonment for a period of two years or more, etc., may be brought up during the proceedings if the divorce petition is contested. The court may then issue a decree of divorce on the ground that the marriage has broken down irretrievably.
  • Mental incapacity: This occurs when one of the parties is mentally unable to consent to a divorce or understand the proceedings. A party must show that the other party is incurably insane and unable to manage their own affairs. This ground can be proven through medical testimony or evidence from a competent psychologist.

If the spouses cannot agree on issues such as property division or child custody, the court will decide them at a final hearing.

Our family law attorneys are focused on efficiently and effectively preparing clients for the most difficult circumstances. The attorneys at HAWM law have experience dealing with an array of family law matters and can prepare the necessary and often unique strategy and tools that your family may require.

The Cheating Spouse’s Financial Obligations in a Divorce

As you can see, adultery might lead to a no-fault divorce, as it often leads to an “irretrievably broken” marriage. However, despite the fact that adultery may provide a legal reason for divorce, this does not necessarily indicate that settlements and judgments will be affected.

Alimony and asset division are two areas in which the court rarely considers marital fault, such as infidelity, when making a decision. While absurd or atrocious behavior is taken into consideration in the decision-making process for these processes, adultery often does not qualify as atrocious behavior.

In any case, divorce settlement decisions are sometimes influenced by what happens during an affair. So, for example, if a spouse has used marital funds to fund an affair, a judge could consider this while determining alimony and asset division.


Getting a divorce in Florida, or anywhere else, can be a costly process, regardless of the reason for the split. However, there are ways to minimize the expenses, and some costs may be waived altogether. If you are considering a divorce and your spouse has cheated on you, it is important to speak with an experienced attorney who can advise you on your specific situation and help you navigate the process.

The Law Offices of HAWM Law can help you with your divorce and ensure you are treated fairly and do not have to spend much. Contact us today to discuss the specifics of your case so we can get started.

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